Chinese Chemicals Information (MEP Order 7)

MEP Order 7 - New Chemical Substance Notification (NCSN) in China

The revised Provisions for the Environmental Administration of New Chemical Substances (MEP Order 7), unofficially known as "China REACH", was released by the Chinese Ministry of Environmental Protection (MEP) and came into force on 15 October 2010. These Provisions impose highly demanding and complex notification requirements on companies wishing to place chemicals on the Chinese market.

MEP Order 7 requires manufacturers and importers of a "new substance" to submit a new chemical substance notification (NCSN) to the MEP's Solid Waste and Chemical Management Centre (MEP-SCC). A new substance is defined as a chemical that is not listed on the Inventory of Existing Chemical Substances in China (IECSC), excluding substances subject to exemptions.

Companies must obtain a Registration Certificate from the MEP-SCC prior to production and/or import of new substances into mainland China. Foreign companies cannot notify directly and must appoint a representative agent to carry out the notification on their behalf.

There are three main notification types under MEP Order 7: Regular notification; Simplified notification and Scientific research record notification.

An overview of the notification procedure under MEP Order 7 is shown below.

ChinaNCSN

Decree 591 - Hazardous Chemical Management

The Regulations on Safe Management of Hazardous Chemicals (Decree 591) came into force in 2011 and is the overarching law on the control of hazardous chemicals in China. Decree 591 is supported by a number of catalogues and ministerial regulations that help to manage hazardous chemicals across the supply chain.

Catalogues/Chemical Inventories

A number of different chemical inventories help to implement Decree 591. The most important of these is the "Catalogue of Hazardous Chemicals". Chemicals on this Catalogue are subject to registration and licensing requirements.

Registration

Chinese manufacturers and importers of hazardous substances (and mixtures containing them) are likely to have to register their chemicals with the Chinese authorities under SAWS Order 53. The registration certificate is valid for 3 years and can be renewed. Unlike China NCSN, there is no tonnage threshold for the registration.

Licensing

Depending on their role in the supply chain, companies handling hazardous chemicals may also require production, operating, transport or safe use licences.

China's Globally Harmonised System

China implements the 4th revised edition of UN Globally Harmonised System of Classification and Labelling of Chemicals (GHS). GHS Article 15 of Decree 591 states that all hazardous chemicals are required to comply with national standards on labelling and Safety Data Sheet (SDS) provision. In addition, MEP Order 7 states that new substances require SDS and labels. China GHS is enacted through a number of mandatory (GB) and recommended (GB/T) standards.




How we can help

  • Assess your Chinese chemicals inventory and identify which duties apply
  • Perform a literature search and data gap analysis
  • Prepare the data set required per notification
  • Submit notification dossier in Chinese in the format required
  • Provide a Chinese representative agent to act on your behalf (similar to the 'Only Representative' role in the EU)
  • Fulfil post-notification obligations
  • Liaise with the Chinese authorities as appropriate
  • Prepare SDS and labels according to Chinese GHS standards